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Patna High CourtCR. MISC./40066/2015rejected

Mohan Yadav v. The State Of Bihar

2015-12-14Mr. Justice Hemant Kumar Srivastava1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40066 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Mohan Yadav, S/o Late Shiv Chandra Yadav, R/o village - Gosai Tola, P.S. & District - Madhepura .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Smt. Anuradha Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Initially, the case was registered under Section 307 of the Indian Penal Code on the basis of fardbeyan of the informant, who later on died and, accordingly, the case was converted under Section 302 of the Indian Penal Code.

The informant very clearly stated in his fardbeyan that it was the petitioner who opened fire on him and, therefore, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Madhepura P.S.Case No. 102 of 2015 pending in the court of learned Chief Judicial Magistrate, Madhepura stands rejected. (Hemant Kumar Srivastava, J) Vats/- U T